Re: [ga] Comments from Louis Touton

[Jonathan Weinberg <weinberg@mail.msen.com>]

         My own comments are at 
<http://www.icannwatch.org/article.php?sid=241&mode=&order=0>.

Jon


On Tue, 10 Jul 2001 20:14:32 EDT, Danny Younger wrote (quoting Louis Touton):
>To the Names Council:
>
>        In an effort to clarify matters:
>
>           1.  The policies that ICANN follows are not limited to those 
> adopted
>        by the ICANN Board since ICANN was created.  They also include the
>        policies previously in place, subject of course to revision 
> through the
>        community-based ICANN processes.
>
>           2.  At its 2 June 2001 meeting, the Names Council passed the
>        following resolution:  "The Names Council considers that multiple 
> roots
>        are outside the scope of the ICANN DNSO."  Milton Mueller voted 
> for that
>        resolution.
>
>           3.  Two days later, at its 4 June 2001 meeting, the ICANN Board of
>        Directors discussed the 28 May discussion draft of "A Unique,
>        Authoritative Root for the DNS."  The full minutes are not yet
>        completed, but a recording of the proceedings is available though
> 
><http://cyber.law.harvard.edu/icann/stockholm/archive/agenda-bod-060401.html>,
>        as are the scribe's notes.  As the scribe reports, the Board reached
>        consensus that the discussion draft should be revised based on 
> comments
>        and posted in final.
>
>           4.  Individual directors of ICANN have an important role, when 
> acting
>        in conjunction with the other Board members, in adoption of new and
>        changed ICANN policies.  Individual directors do not speak on 
> behalf of
>        ICANN, however, except where they have been authorized to do so under
>        the authority of the Board.  The Board has elected Stuart Lynn as
>        ICANN's President and Chief Executive Officer, "in charge of all 
> of its
>        activities and business," and as such he is authorized to speak for
>        ICANN.  As Dr. Lynn stated in presenting the finalized document:
>
>           "Based on those comments, I have finalized the document. This final
>            version has been posted as the third member (ICP-3) of the 
> Internet
>            Coordination Policy series.
>
>           "Many members of the community informed me that they felt the
>            document is fundamentally correct and applauded it as a 
> faithful and
>            well-documented statement of the long-standing policies underlying
>            the principle of a single, authoritative root capable of 
> preserving
>            a robust, unique naming system for Internet users worldwide. Many
>            also provided me with constructive suggestions for improvement.
>            Helpful suggestions also came from some of those who were critical
>            of the document.
>
>           "Some of the latter raised the objection that the document is
>            creating new policy without going through proper process. As the
>            discussion draft pointed out, however, it did not create new 
> policy,
>            but was carefully limited to articulating existing policy. The
>            creation of new policies implicates ICANN's community-based
>            consensus-development processes, but until those processes achieve
>            new policies the pre-existing policies (whether developed through
>            previous ICANN processes or received by ICANN at its creation)
>            should be evenhandedly followed.
>
>           "In evaluating the document, the essential focus should be on what
>            policies ICANN has developed or received, rather than what 
> policies
>            one wishes were in place. This essential enquiry depends 
> heavily on
>            documentation of past statements and actions; for this reason the
>            discussion draft undertook a careful review of these and, in the
>            final version, I have added some additional citations that were
>            suggested in the ensuing discussion. Although some of the 
> critical
>            comments had very thoughtful statements about what policy 
> should be,
>            they lacked specific documentation that the established policy
>            differs from that stated in the discussion draft."
>
>        Best regards,
>
>        Louis Touton
>        ICANN Vice-President and General Counsel
>        http://www.dnso.org/clubpublic/council/Arc05/msg00608.html
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